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勞動(dòng)合同法英文(完整版)

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【正文】   3〕 A major ange in the objective circumstances relied on at the time of conclusion of the employment contract renders it unperformable and after consultations the Employer and Employee are unable to rea agreement on amending the employment contract.  Article 41  If any of the following circumstances makes it necessary to reduce the workforce by 20 persons or more or by a number of persons that is less than 20 but accounts for 10 percent or more of the total number of the enterprise39。 social insurance accounts to be transferred from one region to another and to be continued in su other region.  Article 50  At the time of termination or ending of an employment contract the Employer shall issue a proof of termination or ending of the employment contract and within 15 days carry out the procedures for the transfer of the Employee39。s employees and the Employer. If the Employer does not yet have a Trade union it shall  1 Translator39。s opinions and notify the Trade union in writing as to the oute of its handling of the matter.  Article 44  An employment contract shall end if:  1〕 Its term expires;  2〕 The Employee has menced drawing his basic old age insurance pension in accordance with the law;  3〕 The Employee dies or is declared dead or missing by a People39。s Court shall issue su order in accordance with the law.  Article 31  Employers shall strictly implement the work quota standards and may not pel or in a disguised manner pel Employees to work overtime. If an Employer arranges for a Employee to work overtime it shall pay him overtime pay in accordance with the relevant state regulations.  Article 32  Employees shall not be held in brea of their employment contracts if they refuse to perform dangerous operations that are instructed in violation of regulations or peremptorily ordered by management staff of the Employer.  Employees have the right to criticize report to the authorities or lodge accusations against their Employers in respect of working conditions that endanger their lives or health.  Article 33  anges su a ange in the name legal representative or main person in arge of or an the〕 investors〕 in an Employer shall not affect the performance of its employment contracts.  Article 34  If an Employer is merged or divided etc. its existing employment contracts shall remain valid and continue to be performed by the Employers〕 whi succeeded to its rights and obligations  Article 35  An Employer and a Employee may amend the provisions of their employment contract if they so agree after consultations. Amendments to an employment contract shall be made in writing.  The Employer and the Employee shall ea hold one copy of the amended employment contract.  APTER 4 TERMINATION AND ENDING OF EMPLOYMENT CONTRACTS  Article 36  An Employer and a Employee may terminate their employment contract if they so agree after consultations.  Article 37  A Employee may terminate his employment contract on 30 days39。s resident ID card or other papers nor may it require him to provide security or collect property from him under some other guise.  Article 10  To establish an employment relationship a written employment contract shall be concluded.  In the event that no written employment contract was concluded at the time of establishment of an employment relationship a written employment contract shall be concluded within one month after the date on whi the Employer starts using the Employee.  Where an Employer and a Employee conclude an employment contract before the Employer starts using the Employee the employment relationship shall be established on the date on whi the Employer starts using the Employee.  Article 11  In the event that an Employer fails to conclude a written employment contract with a Employee at the time its starts to use him and it is not clear what labor pensation was agreed on with the Employee the labor pensation of the new Employee shall be decided pursuant to the rate specified in the collective contract; where there is no collective contract or the collective contract is silent on the matter equal pay shall be given for equal work.  Article 12  Employment contracts are divided into fixedterm employment contracts openended employment contracts and employment contracts to expire on pletion of a certain job.  Article 13  A “fixedterm employment contract〞 is an employment contract whose ending date is agreed on by the Employer and the Employee.  An Employer and a Employee may conclude a fixedterm employment contract on reaing a negotiated consensus.  Article 14  An “openended employment contract〞 is an employment contract for whi the Employer and the Employee have agreed not to stipulate a definite ending date.  An Employer and a Employee may conclude an openended employment contract on reaing a negotiated consensus. If a Employee proposes or agrees to renew his employment contract or to conclude an employment contract in any of the following circumstances an openended employment contract shall be concluded unless the Employee requests the conclusion of a fixedterm employment contract:  1〕 The Employee has been working for the Employer for a consecutive period of not less than 10 years;  2〕 when his Employer introduces the employment contract system or the state owned enterprise that employs him reconcludes its employment contracts as a result of restructuring the Employee has been working for the Employer for a consecutive period of not less than 10 years and is less than 10 years away from his legal retirement age; or  3〕 prior to the renewal a fixedterm employment contract was concluded on two consecutive occasions and the Employee is not aracterized by any of the circumstances set forth in Article 39 and items 1〕 and 2〕 of Article 40 hereof.  If an Employer fails to conclude a written employment contract with a Employee within one year from the date on whi it starts using the Employee the
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